A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is a medical corporation in Busan Shipping Daegu, which is the representative director of C Medical Foundation D Hospital D, who operates the elderly medical and welfare facilities by using ten full-time workers.

1. An employer who has violated the duty to specify in writing the terms and conditions of employment shall, when concluding a contract for employment, clearly state the wages, prescribed hours of employment, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree, and shall issue workers a written statement specifying the items constituting the organization of wages, the method of calculating and paying wages, prescribed hours of employment, prescribed hours of employment, holidays under Article 55 of the Labor Standards Act, and matters concerning annual paid leaves under Article 60 of the same Act;

Nevertheless, the Defendant concluded a labor contract with E, F, G, H, H, I, J, and K that was retired from the said workplace from February 2017 to May 2017, and did not specify the working conditions in writing.

2. When an employer who fails to pay ordinary wages intends to dismiss a worker, he/she shall do so at least thirty days prior to such dismissal, and when he/she fails to do so 30 days prior to such dismissal, he/she shall pay the ordinary wages for at least thirty days.

Nevertheless, at around 18:00 on May 17, 2017, the Defendant immediately dismissed workers E, F, G, H, and I from the above workplace without prior notice to the effect that “it is necessary to close the door from the date due to the failure to operate the hospital,” and immediately paid 8,400,000 ordinary wages for at least 30 days in advance of dismissal to five workers, such as the No. 1 to No. 5 of the List of Crimes.

3. When a worker dies or retires, an employer who has violated his/her obligation to liquidate money or goods at the time of retirement shall pay wages, retirement allowances, or other money or goods within fourteen days after the cause for such payment occurred.

Provided, That the date shall be extended by mutual agreement between the parties in extenuating circumstances.